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VELEZ v. JANSSEN ORTHO, LLC

No. 05-2721.

467 F.3d 802 (2006)

Gladen VELEZ, Plaintiff, Appellant, v. JANSSEN ORTHO, LLC, Defendant, Appellee.

United States Court of Appeals, First Circuit.

November 3, 2006.

Attorney(s) appearing for the Case

Carlos M. Vergne for appellant.

Carl Schuster, with whom Mariela Rexach and Schuster & Aguiló LLP were on brief, for appellee.

Before SELYA, LIPEZ, and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

In this unusual employment discrimination case, we must decide what prima facie showing is necessary to establish an adverse employment action, within the meaning of Title VII, when a plaintiff alleges a retaliatory failure-to-hire. Claims of retaliation in the failure-to-hire context are sufficiently rare that this question is one of first impression for this court. When a plaintiff makes such a claim, we conclude that the establishment of an...

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